(Sponsored by the Law firm of Arturo R. Alfonso ESQ Florida Supreme court Certified Family Mediator)
Today I will discuss precisely what is mediation and exactly how mediation can facilitate the resolution of a family law case.
WHAT IS MEDIATION?
Mediation is a non-adversarial process where a mediator is appointed from the Court or selected with the parties to aid the parties in resolving their case. The mediation process is bound by confidentiality this means anything that is said in mediation stays in that room. The Judge does not uncover what occur in mediation. This really is helpful given it enables the parties to debate their case with the mediator using the utmost confidence. The Mediator’s role is always to transmit exactly the information the party authorizes the mediator to talk about together with the other party.
WHO CAN Endure MEDIATION?
Parties, both pro se (self represented) and parties represented by counsel can post to mediation.
So how exactly does MEDIATION WORK?
The parties type in the office of the mediator and, usually making use of their counsel, and everyone sits in the room using the mediator. This can be the joint session. The mediator gives an opening statement and reminds the parties regarding the confidentiality of mediation. With the joint session, the parties offer an possibility to also give a gap statement. Following the joint session, the parties then proceed to several rooms. This is known as a caucus the location where the party with his fantastic or her attorney sit with the mediator outside of the existence of the opposing party to talk about the weaknesses and strengths of their case. The party then gives the mediator a deal to use that he or she wishes the mediator to present to another side. The mediator’s role now becomes one among a negotiator heading back and forth involving the parties until hopefully a legal contract is reached concerning all the issues concerning child support, alimony, parenting plan, equitable distribution and attorney fees.
CAN MEDIATION OCCUR With no CASE BEING FILED?
Yes. This is known as presuit mediation the location where the parties, usually unrepresented, attend a mediation conference to eliminate their dispute. This is the cheapest method to resolve a dispute and it saves the parties a lot of cash in hips. Naturally, if the case is hotly contested as well as the case does not settle, then a parties must litigate true but mediation remains to be an option before an effort.
IS MEDIATION Less than LITIGATION?
Yes mediation is cheaper than litigation as the mediator charges an hourly rate split between your parties and, in case you settle, a Marital Settlement Agreement is drafted and also the parties sign it. Then your case ready for Final Hearing prior to Judge.
I suggest that when the truth is in court, that this parties obtain financial mandatory disclosures out of the way from the outset and after that check out mediation to solve the dispute efficiently without the tariff of unnecessary attorney fees.
Arturo R. Alfonso, Esq can be a Top court of Florida certified family mediator as well as divorce attorney in Miami Dade County, FL. On an appointment, you can call (305) 266-9584 for the free consultation.
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